Skip to content

Offences during Protests, Demonstrations or Campaigns

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This prosecution guidance provides a comprehensive overview of how to approach offences committed during protests, demonstrating the legal framework surrounding public demonstrations and the balancing of rights under the European Convention on Human Rights. It outlines potential offences, evidential and public interest considerations, and the selection of charges applicable. The guidance emphasizes the importance of early engagement with the CPS and applies principles from the Code for Crown Prosecutors.

Key points

  • Right to peacefully protest is protected by law but subject to limitations.
  • Prosecutors must consider public interest factors against prosecution.
  • Early consultation with CPS is encouraged for charges relating to protests.
  • Public interest factors can weigh towards or against prosecution in protest cases.
  • Evidence gathering is critical, especially in identifying suspects and roles during protests.
  • ECHR rights must be considered in prosecution decisions.

Public-interest factors

  • Violent acts causing injury were committed.
  • The suspect encouraged others to commit an offence.
  • The offence was premeditated or planned.
  • The suspect possessed a weapon during the offence.
  • The level of disruption to the public or businesses was significant.
  • Previous history of offending during protests.
Public Order Act offencesAggravated trespassRoad obstructionHate crimeDisruption of key infrastructureCausing public nuisance
Read the full guidance on cps.gov.uk
Last reviewed: 4 October 2023 · Next review due: 4 April 2024

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.